U.S. Code » Title 47 » Chapter CHAPTER 5— WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER III— SPECIAL PROVISIONS RELATING TO RADIO › Part Part IV— Assistance for Planning and Construction of Public Telecommunications Facilities; Telecommunications Demonstrations; Corporation for Public Broadcasting; General Provisions › Subpart subpart e— general provisions

47 U.S.C. § 399

Support of political candidates prohibited

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No noncommercial educational broadcasting station may support or oppose any candidate for political office.

Notes of Decisions
Cited in 18 cases, 1975–2013 · leading case: Fed. Commc'ns Comm'n v. League of Women Voters of California, 468 U.S. 364 (1984).
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Fed. Commc'ns Comm'n v. League of Women Voters of California, 468 U.S. 364 (1984). · cites it 8× “" 47 U. S. C. § 399 . In this case, we are called upon to decide whether Congress, by imposing that restriction, has passed a "law .”
Cmty.-Serv. Broad. of Mid-Am., Inc. v. Fed. Commc'ns Comm'n & United States of Am., 593 F.2d 1102 (D.C. Cir. 1978). · cites it 11× “SKELLY WRIGHT, Chief Judge: This case involves Section 399(b) of the Communications Act, 47 U.S.C. § 399 (b) (Supp. V 1975), and the rules promulgated thereunder by the Federal Communications Commission, Report and Order, Docket 19861, 57 FCC2d 19 (December 19, 1975).”
League of Women Voters of California, & Pacifica Found., & Henry Waxman v. Fed. Commc'ns Comm'n, 798 F.2d 1255 (9th Cir. 1986). · cites it 4× “Appellants in this attorneys’ fees appeal are the successful litigants in a federal court action challenging the constitutionality of 47 U.S.C. § 399 (a), later styled 47 U.S.”
Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 676 F.3d 869 (9th Cir. 2012). · cites it 4× “What Congress had before it were educated guesses by persons familiar with the media.”
League of Women Voters v. Fed. Commc'ns Comm'n, 547 F. Supp. 379 (C.D. Cal. 1982). · cites it 6× “This action presents a constitutional challenge to that portion of 47 U.S.C.A. § 399 (West Supp. 1982) (“§ 399”) which prohibits certain noncommercial educational television and radio stations 1 from editorializing in their broadcasts.”
David A. Clarke v. United States, 915 F.2d 699 (D.C. Cir. 1990). “§ 158 (1988) (withholding a percentage of federal highway funds from states that do not prohibit those under 21 from buying alcohol); 47 U.S.C. § 399 (1982) (prohibiting any noncommercial educational broadcasting station that receives federal funds from “editorializing” or…”
Motion Picture Ass'n of Am., Inc. v. Fed. Commc'ns Comm'n, 309 F.3d 796 (D.C. Cir. 2002). “§ 315 (governing provision of broadcast time to candidates for public office); 47 U.S.C. § 399 (“No noncommercial educational broadcasting station may support or oppose any candidate for political office.”
Minority Television Proj., Inc. v. Fed. Commc'ns Comm'n, 736 F.3d 1192 (9th Cir. 2013). · cites it 2× “The Court declined to apply strict scrutiny even though the statute was content-based and “plainly operate[d] to restrict the expression of editorial opinion on matters of public importance”—a form of speech “entitled to the most exacting degree of First Amendment protection.”
League of Women Voters v. Fed. Commc'ns Comm'n, 489 F. Supp. 517 (C.D. Cal. 1980). · cites it 2× “This action was originally commenced on April 30, 1979 by the League of Women Voters of California, Congressman Henry Waxman, and Pacifica Foundation against the Federal Communications Commission seeking declaratory and injunctive relief against the enforcement of 47 U.S.C. §…”
Liberty Cable Co., Inc. v. City of New York, 893 F. Supp. 191 (S.D.N.Y. 1995). “Plaintiffs there sought declaratory and injunctive relief that 47 U.S.C. § 399 (a), forbidding noncommercial broadcast licensees from editorializing, endorsing, or opposing candidates for public office, violated the First Amendment.”
League of Women Voters of California, & Pacifica Found. v. Fed. Commc'ns Comm'n, 751 F.2d 986 (9th Cir. 1985). “In August 1982, the district court held that the statutory prohibition against editorializing by noncommercial broadcasters receiving funds from the Corporation for Public Broadcasting, 47 U.S.C. § 399 , violated the First Amendment to the United States Constitution.”
Accuracy in Media, Inc. v. Fed. Commc'ns Comm'n, 521 F.2d 288 (D.C. Cir. 1975). · cites it 2× “621 (1973) (qualification standards for noncommercial broadcasters and regulations pertaining to advertising); 47 U.S.C. § 399 (1970) (educational broadcasting stations prohibited from editorializing and required to keep tapes of controversial programs).”
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